The independence of the judiciary must be guaranteed by the State and enshrined in the Constitution or the law.{{1}}
The Consultative Council of European Judges has recommended that the irremovability of judges should be an express element of the independence enshrined at the highest level of law.{{2}} In the opinion of the European Commission for Democracy through Law, known as the Venice Commission, at least in new democracies, explicit constitutional and legal provisions are needed as a safeguard to prevent political abuse in the appointment of judges.{{3}}
The Constitution of the Russian Federation provides that the courts alone, by means of constitutional, civil, administrative and criminal proceedings, administer justice.{{4}} Furthermore, it states that “judges shall be independent” and submit only to the Constitution and the federal law.{{5}}
Several safeguards of the independence of judges are specified in Russian law, which stipulates that judges’ independence is to be provided for through:
- a codified procedure for administering justice and the prohibition of interference with the administration of justice;
- the procedure for the suspension and termination of the judge’s powers;
- guarantees for a judge’s right to retire;
- guarantees regarding judicial immunity;
- the system of bodies of the judicial community;
- guarantees for remuneration that addresses the material and social maintenance of judges by the State, at a level corresponding to each judge’s status.{{6}}
Judges, their family members, and their property, enjoy special protection. The Judicial Department under the Supreme Court is mandated to take the measures necessary to create the conditions for the performance of the activities of the courts.{{7}}
The Law on the Status of Judges provides that any interference with the judge’s administration of justice shall be prosecuted under the law.{{8}}
In addition, the Code of Judicial Ethics clarifies that judges are responsible for maintaining the judiciary’s independence and for respecting the principle of independence.{{9}} It also underscores that neutrality and impartiality are “essential conditions” for the fair administration of justice.{{10}} The Law on the Status of Judges instructs that in the exercise of their powers and in their other unofficial relations, judges must avoid everything that could detract from the authority of the judiciary, denigrate the judge’s dignity, or that could give rise to doubts concerning the judge’s objectivity, impartiality or fairness.{{11}}
A range of bodies, known as the Bodies of the Judicial Community,{{12}} are established under Russian law to assist in improving the judicial system and legal protection, to protect the rights and interests of judges, to contribute to the organizational, personnel and resource support of judicial activity, and to strengthen the authority of judicial power and ensure compliance with the requirements of the Code of Judicial Ethics.{{13}} The Bodies of the Judicial Community comprise:
- The All-Russian Judicial Congress: the supreme body of the judicial corps, mandated to take decisions on a wide range of issues related to the operation of the judiciary, to adopt a Code of Judicial Ethics, and to endorse acts regulating the activity of the judicial corps. Delegates to the All-Russian Judicial Congress are elected at the General Meetings of judges of the courts, or by the Conference of Judges of the subjects of the Russian Federation{{14}};{{15}}
- The Conference of Judges of the subjects of the Russian Federation: functioning as a representative body for the judges in the subjects of the Russian Federation, it can take decisions with regard to the functioning of the judiciary in the subjects of the Russian Federation;{{16}}
- The Judicial Council of the Russian Federation: set up by the All-Russian Judicial Congress and composed of federal judges and judges of the Subjects of the Russian Federation, this body appoints and may dismiss the Director General of the Judicial Department, and elects judges to the High Qualification Collegium to replace those who were dismissed during its session;{{17}}
- The Judicial Council of the subjects of the Russian Federation: elected by the Conference of Judges of the subjects of the Russian Federation, this body elects judges for Qualification Collegiums in the pertinent federal sub-entity, to replace those who were dismissed during its session;{{18}}
- General Meetings of judges of the courts: each court convenes these meetings at least once per year, to discuss issues associated with improving the organization of the work, to express the interests of the judges and to elect delegates to the All-Russian Judicial Congress;{{19}}
- Qualification Collegiums of judges of the subjects of the Russian Federation: composed in a majority of judges, as well as representatives of the public and one representative of the Russian President,{{20}} they, among other things, consider the applications for a position of judge and serve as the disciplinary authority for all but senior judges;{{21}}
- The High Qualification Collegium of the Russian Federation considers the applications of candidates to senior judicial positions and is the first instance disciplinary authority for senior judges. It also approves the procedures applicable in and considers appeals of decisions of the Qualification Collegiums of judges of the subjects of the Russian Federation (except in cases of judges’ dismissal, where appeals are heard by the Disciplinary Judicial Presence{{22}}).{{23}}
With regard to the Qualification Collegiums, a 2011 study found that in practice the procedure seldom leads to effective public scrutiny, and the quality of the representatives was deemed problematic.{{24}} Furthermore, serious concerns persist regarding the unofficial role of court presidents in the determination of the composition of Qualification Collegiums. One of the ICJ’s interlocutors during an ICJ mission to Russia in 2012 summarized the situation as follows: “One part of the membership … are judges of general courts dependent on court presidents; the other part is made up of members of the public, from a list approved by regional court presidents. So, all members can be influenced by court presidents.”{{25}}
Notwithstanding the guarantees and safeguards within the Constitution, law and Code of Conduct, a number of factors work to undermine the independence of the judiciary in the Russian Federation. They are considered in this Profile and include in general terms, among other things:
- A lack of understanding of judicial independence by judges – due to a mind-set rooted in the legacy of the Soviet system – and the fact that judges remain prone to undue influence from the executive and other actors outside of the judiciary;
- The appointment and promotion processes, which cannot always be considered transparent and which do not adequately safeguard against appointment or promotion for improper motives, or ensure high standards in the judiciary;
- The application of the disciplinary system in such a way as to undermine judges’ independence; and
- The administration of the courts and the excessive powers of the court presidents therein.
[[1]]1. UN Basic Principles on the Independence of the Judiciary, [expand title=”Principle 1;”]
The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
[/expand] Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities, [expand title=”Article 7;”]
The independence of the judge and of the judiciary should be enshrined in the constitution or at the highest possible legal level in member states, with more specific rules provided at the legislative level.
[/expand] European Charter on the Statute for Judges, [expand title=”para. 1.2;”]
In each European State, the fundamental principles of the statute for judges are set out in internal norms at the highest level, and its rules in norms at least at the legislative level.
[/expand] Magna Carta of Judges, Consultative Council of European Judges CCJE (2010)3 Final, [expand title=”Article 3″]
Judicial independence shall be statutory, functional and financial. It shall be guaranteed with regard to the other powers of the State, to those seeking justice, other judges and society in general, by means of national rules at the highest level. The State and each judge are responsible for promoting and protecting judicial independence.
[/expand]Consultative Council of European Judges, Opinion No. 1 (2001) on standards concerning the independence of the judiciary and the irremovability of judges, [expand title=”para. 16;”]
The European Charter on the statute for judges provides still more specifically: “In each European State, the fundamental principles of the statute for judges are set out in internal norms at highest level, and its rules in norms at least at the legislative level”. This more specific prescription of the European Charter met with the general support of the CCJE. The CCJE recommends its adoption, instead of the less specific provisions of the first sentence of Principle I.2 of Recommendation No. R (94) 12.
[/expand] Venice Commission, Report on the Independence of the Judicial System, Part I: the Independence of Judges, CDL-AD(2010)004, [expand title=”para. 22.”]
The Venice Commission strongly supports this approach. The basic principles ensuring the independence of the judiciary should be set out in the Constitution or equivalent texts.
[/expand][[1]]
[[2]]2. Consultative Council of European Judges, Opinion No. 1 (2001) on standards concerning the independence of the judiciary and the irremovability of judges, [expand title=”para. 60(a).”]
The CCJE considered
(a) that the irremovability of judges should be an express element of the
independence enshrined at the highest internal level (see paragraph 16 above);
[/expand][[2]]
[[3]]3. Venice Commission, Judicial Appointments, CDL-AD(2007)028, [expand title=”para. 4-6;”]
4. Principle I.2.c of Recommendation No. R (94) 12 of the Committee of Ministers of the Council of Europe) states “All decisions concerning the professional career of judges should be based on objective criteria, and the selection and career of judges should be based on merit, having regard to qualifications, integrity, ability and efficiency. The authority taking the decision on the selection and career of judges should be independent of the government and the administration. In order to safeguard its independence, rules should ensure that, for instance, its members are selected by the judiciary and that the authority decides itself on its procedural rules. However, where the constitutional or legal provisions and traditions allow judges to be appointed by the government, there should be guarantees to ensure that the procedures to appoint judges are transparent and independent in practice and that the decisions will not be influenced by any reasons other than those related to the objective criteria mentioned above.
5. In some older democracies, systems exist in which the executive power has a strong influence on judicial appointments. Such systems may work well in practice and allow for an independent judiciary because the executive is restrained by legal culture and traditions, which have grown over a long time.
6. New democracies, however, did not yet have a chance to develop these traditions, which can prevent abuse. Therefore, at least in new democracies explicit constitutional provisions are needed as a safeguard to prevent political abuse by other state powers in the appointment of judges.
[/expand] [expand title=”para. 46.”]New democracies, however, did not yet have a chance to develop these traditions, which can prevent abuse, and therefore, at least in these countries, explicit constitutional and legal provisions are needed as a safeguard to prevent political abuse in the appointment of judges.
[/expand][[3]]
[[4]]4. Constitution, [expand title=”Article 11.”]
1. The state power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Council of the Federation and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.
2. The state power in the subjects of the Russian Federation shall be exercised by the bodies of state authority created by them.
3. The division of subjects of authority and power among the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation shall be fixed by the given Constitution, the Federal and other treaties on the delimitation of the subjects of authority and powers.
[/expand][[4]]
[[5]]5. Constitution, [expand title=”Article 120(1);”]
1. Judges shall be independent and submit only to the Constitution and the federal law.
2. If after considering a case, the court of law decides that an act of a state or other body contradicts the law, it shall pass an appropriate decision according to the law.
[/expand] Law on the Status of Judges in the Russian Federation, [expand title=”Article 1.”]
1. Judicial power in the Russian Federation belongs only to the courts in the persons of judges and people representatives drawn in the administration of justice in the cases stated by the Law.
2. Judicial power is self-dependent and acts independently from legislative and executive powers.
3. Judges according to this Law are the persons empowered to administer justice in the constitutional order and performing their duties on the professional basis.
4. Judges are independent and submit only to the Constitution of the Russian Federation and to the Law. They are not accountable to anybody in their activities which deals with the administration of justice.
5. The facts of the contempt of court are punishable according to the Law.
6. The demands and directions of the judges made while performing their duties are binding for all state bodies, public unions, officials and another physical and juridical persons. Any information, documents and their copies nessesary for administration of justice must be given according to the demands of the judges free of charge. Non-observance of the demands and directions of the judges is punishable according to the Law.
[/expand][[5]]
[[6]]6. Law on the Status of Judges in the Russian Federation, [expand title=”Article 9(1).”]
Independence of a judge is guaranteed by:
– the procedure of administration of justice stated by the Law;
– the prohibition of anybodie’s interference into the activities dealing with the administration of justice under the threat of punishment;
– stated order of postponing and ceasing powers of a judge;
– the right of a judge for being retired;
– personal immunity of a judge;
– the system of the organs of judicial community;
– granting the judge material and social insurance according to his high status by the state.
[/expand][[6]]
[[7]]7. Law on the Status of Judges in the Russian Federation, [expand title=”Article 9(2)-(3).”]
2. A judge, members of his family and his property are under special guard of the state. Bodies of the Ministry of Inferior are obliged to undertake nessesary measures for ensuring the security of a judge, his family, safety of his property if they receive from a judge an appropriate application.
A judge has a right to keep and carry an official fire-arm, which must be given him or her by the body of the Ministry of Inferior in the order stated by the Weapon Law of the Russian Federation.
3. Ministry of Justice of the Russian Federation, ministries of justice of the republics combining the Russian Federation and other bodies of the Ministry of Justice carry out nessesary measures in order to provide perfect conditions for judicial activities, it’s personnel, organizational and resources ensurance. The Highest Court of Arbitration of the Russian Federation undertakes nessesary measures for providing perfect conditions for activities of the courts of arbitration. Activities of the military courts are ensured in the order stated by the Military Courts Law.
[/expand][[7]]
[[8]]8. Law on the Status of Judges in the Russian Federation, [expand title=”Article 10(1).”]
Any interference into the judges’ activities dealing with the administration of justice is punishable by the Law.
[/expand][[8]]
[[9]]9. Code of Judicial Ethics, [expand title=”Clause 8(1).”]
1. The independence of the judiciary is a constitutional principle which guarantees the supremacy of law when the justice is administered; it is the condition of impartiality and one of the foundations of a fair process. It is the responsibility of the judge to maintain the judiciary independent and to respect the principle of independence.
[/expand][[9]]
[[10]]10. Code of Judicial Ethics, [expand title=”Clause 9(1).”]
1. The neutrality and impartiality of the judge are the essential conditions of the due administration of justice. The judge’s conduct during the process and outside the court shall contribute to the confidence in the neutrality and impartiality which the community and the persons involved have regarding the judiciary.
[/expand][[10]]
[[11]]11. Law on the Status of Judges in the Russian Federation, [expand title=”Article 3(2).”]
A judge while performing his or her duties and in his or her private relations must try to avoid of everything that can belittle the authority of the judicial power, dignity of a judge or create any doubt about his or her objectivity, justice and impartiality.
[/expand][[11]]
[[12]]12. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 1.”]
The Judicial Corps in the Russian Federation is made up of judges of federal courts of every type and level, judges of courts of the subjects of the Russian Federation, all of whom constitute the judicial system of the Russian Federation.
[/expand][[12]]
[[13]]13. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 4.”]
The basic tasks of the bodies of the Judicial Corps shall be:
1) to assist in improving the judicial system and legal proceedings;
2) to protect the rights and legitimate interests of the judges;
3) to contribute to the organizational, personnel and resource support of judicial activity;
4) to strengthen the authority of judicial power, to ensure compliance by the judges with requirements of the code of judicial ethics.
[/expand][[13]]
[[14]]14. For delegates from the Constitutional Court of the Russian Federation, the Supreme Court, federal arbitration courts of circuits, arbitration appellate courts and circuit military courts.[[14]]
[[15]]15. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 6.”]
1. The All-Russian Judicial Congress (hereinafter referred to as a congress) is a supreme body of the Judicial Corps.
The congress shall have the right to take decisions on all and any issues pertaining to the activity of the Judicial Corps, except for issues assigned to the powers of judicial qualification assemblies and shall also be authorized to endorse a code of judicial ethics and acts regulating the activity of the Judicial Corps. Decisions of the congress shall be taken by a simple majority vote unless the congress establishes another decision-making procedure.
2. Delegates to the congress shall be elected on the basis of the following quotas of representation:
– from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Higher Arbitration court of the Russian Federation – ten judges from each such court;
– from the judges of a federal arbitration court of a circuit – two judges from each such court;
– from the judges of an appellate arbitration court – two judges from each such court;
– from the judges of each supreme court of the republic, territory and regional court, city court of federal significance, court of an autonomous region and court of an autonomous area – one judge from each such court and also additionally one judge from every 50 judges of each supreme court of the republic, territory and regional court, city court of federal significance, court of an autonomous region and court of an autonomous area;
– from the judges of each arbitration court of a subject of the Russian Federation – one judge from each such court and also additionally one judge from every 30 judges of each arbitration court of the subject of the Russian Federation;
– from the judges of each circuit (naval) military court – two judges from each such court;
– from the judges of garrison military courts – one judge from each subject of the Russian Federation in whose territory such garrison military courts operate;
– from the judges of district courts – one judge from each subject of the Russian Federation and also additionally one judge from every 100 judges of district courts which operate in the territory of the subject of the Russian Federation;
– from the justices of the peace – one justice of the peace from each subject of the Russian Federation;
– from the judges of each constitutional (statutory) court of a subject of the Russian Federation – one judge from each such court.
3. Delegates to the congress from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Arbitration court of the Russian Federation, federal arbitration courts of circuits, arbitration appellate courts, circuit (naval) military courts shall be elected at general meetings of judges of those courts while delegates from the judges of other courts – at judicial conferences of the subjects of the Russian Federation.
The congress shall be convened once every four years by the judicial Council of the Russian Federation. A special congress shall be convened if a decision to that effect has been taken by judicial conferences within no less than half of the subjects of the Russian Federation.
The congress shall be considered to be legally competent provided it is attended by more than half of elected delegates.
The chief judge of the judicial Council of the Russian Federation shall preside at the congress.
[/expand][[15]]
[[16]]16. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 7(1)”]
Judicial conferences of the subjects of the Russian Federation (hereinafter referred to as judicial conferences) shall introduce the judges of supreme courts of the republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous districts, arbitration courts of the subjects of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation and also the judges of the peace, judges of district courts and garrison military courts operating in the territory of respective subjects of the Russian Federation.
The judicial conferences shall have the right to take decisions on all and any issues pertaining to the activity of the Judicial Corps within the subjects of the Russian Federation, except for issues assigned to the powers of judicial qualification assemblies and shall also be authorized to endorse acts regulating the activity of bodies of the Judicial Corps within the subjects of the Russian Federation. Decisions of judicial conferences shall be taken by a simple majority vote unless the conferences establish another decision-making procedure.
[/expand][[16]]
[[17]]17. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 8-10.”]
Article 8. Setting up of judicial Councils
1. The Judicial Council of the Russian Federation shall be set up by the All-Russia Judicial Congress from among the judges of federal courts, as well as from the judges of courts of the subjects of the Russian Federation.
The quotas of representation in the Judicial Council of the Russian Federation shall be as follows:
from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation – two judges from each such court;
from the judges of federal arbitration courts of circuits – two judges from each such court;
from the judges of appellate arbitration courts – two judges from each such court;
from the judges of supreme courts of republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous areas – five judges;
from the judges of arbitration courts of the subjects of the Russian Federation – eight judges;
from the judges of circuit (naval) military courts – two judges;
from the judges of garrison military courts – three judges;
from the judges of district courts – eight judges;
from the justices of the peace – five justices of the peace;
from the judges of constitutional (statutory) courts of the subjects of the Russian Federation – three judges;
from each subject of the Russian Federation – one judge to be elected by the congress on the proposal of a respective judicial conference of the subject of the Russian Federation.
2. The members of the judicial Council of the Russian Federation representing judges sitting in courts of every type and level shall be elected by secret ballot by delegates to the congress from the respective courts from their own number at delegates’ individual meetings. Judges who gained the greatest number of votes of delegates to the congress participating in the voting at delegates’ individual meetings shall be considered as elected, provided that more than a half of congress delegates from respective courts took part in the voting.
The members of the judicial Council of the Russian Federation recommended by judicial conferences shall be elected by secret ballot by delegates to the congress. Judges who gained the majority of votes of congress delegates participating in the voting shall be considered as elected.
3. The judicial Council of the Russian Federation shall elect from among its members a chief judge of the judicial Council of the Russian Federation and his deputies to be accountable to the Council.
A member of the judicial Council of the Russian Federation may not be elected as a chief judge or a deputy chief judge of the judicial Council of the Russian Federation more than twice in succession.
The presidium of the judicial Council of the Russian Federation shall be elected by the judicial Council of the Russian Federation from among its members with due regard for the necessity to represent therein judges of federal courts, including judges of the Constitutional Court of the Russian Federation, judges of courts of general jurisdiction, including military courts, judges of arbitration courts and courts of the subjects of the Russian Federation. The chief judge of the judicial Council of the Russian Federation and his deputies shall be members of the Presidium of the Russian Federation judicial Council ex-officio.
4. Judicial Councils of the subjects of the Russian Federation shall be elected by judicial conferences in the number and by the procedure prescribed by judicial conferences in compliance with their respective rules with due regard for the necessity to represent therein judges from supreme courts of the republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous districts, arbitration courts of the subjects of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation respectively and also judges of the peace, judges of district courts and garrison military courts operating in the territories of respective subjects of the Russian Federation.
The judicial Council of the subjects of the Russian Federation shall elect from among its members a chief judge of the judicial Council of the subject of the Russian Federation and his deputies to be accountable to the Council.
A member of the judicial Council of the subject of the Russian Federation may not be elected as a chief judge or deputy chief judge of the judicial Council of the subject of the Russian Federation more than twice in succession.
5. The powers of a member of the judicial Council may be terminated ahead of time either on his or her own initiative or in case of disciplinary misconduct committed by him or her. A decision on early termination of the powers of members of judicial Councils shall be the competence of the judicial congress or judicial conference respectively and in between judicial congresses (conferences) – by a respective judicial Council.
Article 9. Judicial Council of the Russian Federation as a Body of the Judicial Corps
1. The judicial Council of the Russian Federation is an elected body of the judicial corps which is accountable only to the congress.
2. The judicial Council of the Russian Federation shall be convened as necessary, not less, however, than twice a year.
3. The presidium of the judicial Council of the Russian Federation shall be a working body of the judicial Council of the Russian Federation which is set up to promptly solve on a collective basis issues identified in accordance with the rules of the judicial Council of the Russian Federation.
The meetings of the Presidium of the judicial Council of the Russian Federation shall be held as is necessary, not less, however, than four times a year.
4. The chief judge of the judicial Council of the Russian Federation shall call the judicial Council of the Russian Federation, the Presidium of the judicial Council of the Russian Federation and direct the work of the same as is envisaged under the rules of the judicial Council of the Russian Federation.
5. The chief judge of the Russian Federation judicial Council shall represent the Russian Federation judicial Council at state authority bodies and bodies of local self-administration, public associations, in mass information media and also in the exercise of international cooperation.
6. On the instructions of the chief judge of the judicial council of the Russian Federation his powers may be exercised by one of his deputies.
Article 10. Powers of the Judicial council
1. The Judicial council of the Russian Federation shall:
1) convene the All-Russian Judicial Congress;
2) give its approval to the appointment and removal from office of the General director of the Judicial department under the Russian Federation Supreme Court and consider his annual reports on the organizational, personnel and resource support of judicial activity;
3) elect judges as members of the Higher judicial qualification assembly of the Russian Federation to replace those resigned in between congresses;
4) study, summarize and disseminate the experience of work of bodies of the Judicial Corps, prepare recommendations to improve their activity;
5) determine a procedure for involving the judges of garrison military courts operating outside the Russian Federation in the work of bodies of the Judicial Corps of the subjects of the Russian Federation;
6) exercise other powers assigned to its competence under the federal laws.
2. The representatives of the judicial Council of the Russian Federation shall have the right to participate in the discussion of a draft federal law on the federal budget at the Federal Assembly of the Russian Federation.
3. The judicial Council of the Russian Federation and also other bodies of the Judicial Corps shall within their respective competence maintain direct relations with the bodies of the Judicial Corps and professional judicial associations of other states, with international organizations and also mass information media.
4. The judicial Councils of the subjects of the Russian Federation shall:
1) consider in between judicial conferences all issues assigned to the competence of judicial conferences, except for the election of judicial qualification assemblies of the subjects of the Russian Federation and review of their reports;
2) convene judicial conferences;
3) elect judges as members of judicial qualification assemblies of the respective subjects of the Russian Federation to replace those resigned in between judicial conferences.
5. The judicial Council of the Russian Federation and judicial Councils of the subjects of the Russian Federation shall have the right to exercise their respective powers, provided they are constituted by not less than two thirds.
[/expand][[17]]
[[18]]18. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 8,”]
1. The Judicial Council of the Russian Federation shall be set up by the All-Russia Judicial Congress from among the judges of federal courts, as well as from the judges of courts of the subjects of the Russian Federation.
The quotas of representation in the Judicial Council of the Russian Federation shall be as follows:
– from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation – two judges from each such court;
– from the judges of federal arbitration courts of circuits – two judges from each such court;
– from the judges of appellate arbitration courts – two judges from each such court;
– from the judges of supreme courts of republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous areas – five judges;
– from the judges of arbitration courts of the subjects of the Russian Federation – eight judges;
– from the judges of circuit (naval) military courts – two judges;
– from the judges of garrison military courts – three judges;
– from the judges of district courts – eight judges;
– from the justices of the peace – five justices of the peace;
– from the judges of constitutional (statutory) courts of the subjects of the Russian Federation – three judges;
– from each subject of the Russian Federation – one judge to be elected by the congress on the proposal of a respective judicial conference of the subject of the Russian Federation.
2. The members of the judicial Council of the Russian Federation representing judges sitting in courts of every type and level shall be elected by secret ballot by delegates to the congress from the respective courts from their own number at delegates’ individual meetings. Judges who gained the greatest number of votes of delegates to the congress participating in the voting at delegates’ individual meetings shall be considered as elected, provided that more than a half of congress delegates from respective courts took part in the voting.
The members of the judicial Council of the Russian Federation recommended by judicial conferences shall be elected by secret ballot by delegates to the congress. Judges who gained the majority of votes of congress delegates participating in the voting shall be considered as elected.
3. The judicial Council of the Russian Federation shall elect from among its members a chief judge of the judicial Council of the Russian Federation and his deputies to be accountable to the Council.
A member of the judicial Council of the Russian Federation may not be elected as a chief judge or a deputy chief judge of the judicial Council of the Russian Federation more than twice in succession.
The presidium of the judicial Council of the Russian Federation shall be elected by the judicial Council of the Russian Federation from among its members with due regard for the necessity to represent therein judges of federal courts, including judges of the Constitutional Court of the Russian Federation, judges of courts of general jurisdiction, including military courts, judges of arbitration courts and courts of the subjects of the Russian Federation. The chief judge of the judicial Council of the Russian Federation and his deputies shall be members of the Presidium of the Russian Federation judicial Council ex-officio.
4. Judicial Councils of the subjects of the Russian Federation shall be elected by judicial conferences in the number and by the procedure prescribed by judicial conferences in compliance with their respective rules with due regard for the necessity to represent therein judges from supreme courts of the republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous districts, arbitration courts of the subjects of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation respectively and also judges of the peace, judges of district courts and garrison military courts operating in the territories of respective subjects of the Russian Federation.
The judicial Council of the subjects of the Russian Federation shall elect from among its members a chief judge of the judicial Council of the subject of the Russian Federation and his deputies to be accountable to the Council.
A member of the judicial Council of the subject of the Russian Federation may not be elected as a chief judge or deputy chief judge of the judicial Council of the subject of the Russian Federation more than twice in succession.
5. The powers of a member of the judicial Council may be terminated ahead of time either on his or her own initiative or in case of disciplinary misconduct committed by him or her. A decision on early termination of the powers of members of judicial Councils shall be the competence of the judicial congress or judicial conference respectively and in between judicial congresses (conferences) – by a respective judicial Council.
[/expand] [expand title=”Article 10.”]
1. The Judicial council of the Russian Federation shall:
1) convene the All-Russian Judicial Congress;
2) give its approval to the appointment and removal from office of the General director of the Judicial department under the Russian Federation Supreme Court and consider his annual reports on the organizational, personnel and resource support of judicial activity;
3) elect judges as members of the Higher judicial qualification assembly of the Russian Federation to replace those resigned in between congresses;
4) study, summarize and disseminate the experience of work of bodies of the Judicial Corps, prepare recommendations to improve their activity;
5) determine a procedure for involving the judges of garrison military courts operating outside the Russian Federation in the work of bodies of the Judicial Corps of the subjects of the Russian Federation;
6) exercise other powers assigned to its competence under the federal laws.
2. The representatives of the judicial Council of the Russian Federation shall have the right to participate in the discussion of a draft federal law on the federal budget at the Federal Assembly of the Russian Federation.
3. The judicial Council of the Russian Federation and also other bodies of the Judicial Corps shall within their respective competence maintain direct relations with the bodies of the Judicial Corps and professional judicial associations of other states, with international organizations and also mass information media.
4. The judicial Councils of the subjects of the Russian Federation shall:
1) consider in between judicial conferences all issues assigned to the competence of judicial conferences, except for the election of judicial qualification assemblies of the subjects of the Russian Federation and review of their reports;
2) convene judicial conferences;
3) elect judges as members of judicial qualification assemblies of the respective subjects of the Russian Federation to replace those resigned in between judicial conferences.
5. The judicial Council of the Russian Federation and judicial Councils of the subjects of the Russian Federation shall have the right to exercise their respective powers, provided they are constituted by not less than two thirds.
[/expand][[18]]
[[19]]19. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 12.”]
To discuss issues associated with improving the organization of work of the court, express legitimate interests of the judges and also to conduct, in the instances established under this federal law, elections of delegates to a judicial congress (conference), each court may convene general meetings of judges not rarely than once a year. The general meeting may take a decision to elect a judicial Council of the given court.
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[[20]]20. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 11(4).”]
The judicial qualification assembly of the subject of the Russian Federation shall be made up subject to the following quotas of representation:
– from the judges of the Supreme Court of the republic, territory and regional court, city court of federal significance, the court of an autonomous region and that of an autonomous district – two judges;
– from the judges of the arbitration court of the subject of the Russian Federation – five judges;
– from the judges of garrison military courts – one judge;
– from the judges of district courts – three judges;
– from the judges of the constitutional (statutory) court of the subject of the Russian Federation – one judge;
– from the judges of the peace – one judge;
– seven representatives of the public;
– one representative of the President of the Russian Federation.
The judicial qualification assembly within the subjects of the Russian Federation in which a total number of judges sitting in court specified in Paragraph two – six of this Item is less than 30 (thirty), shall be set up in the number of 11 (eleven) assembly members subject to the following quotas of representation:
– from the judges of the Supreme Court of the republic, territory and regional court, city court of federal significance, the court of an autonomous region and that of an autonomous district – one judge;
– from the judges of the arbitration court of the subject of the Russian Federation – two judges;
– from the judges of garrison military courts – one judge;
– from the judges of district courts – two judges;
-from the judges of the constitutional (statutory) court of the subject of the Russian Federation – one judge;
– from the judges of the peace – one judge;
– two representatives of the public;
– one representative of the President of the Russian Federation.
If, within the subject of the Russian Federation, there is neither a supreme court of the republic, nor territory, regional court nor city court of federal significance, nor court of an autonomous region, nor court of an autonomous district nor arbitration court of the subject of the Russian Federation, nor constitutional (statutory) court of the subject of the Russian Federation nor judges of the peace, nor garrison military courts, then the judicial qualification assembly of the given Russian Federation subject shall be made up without representatives of the judges of those courts. In that case, quotas of representation specified in Paragraphs 2-8 (two-eight) of this Item shall be preserved.
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[[21]]21. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 19.”]
1. The judicial qualification assemblies of the subjects of the Russian Federation shall consider the issues assigned to their competence under the federal constitutional laws, federal laws and shall take motivated decisions regarding the judges of supreme courts of the republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous districts, arbitration courts of the subjects of the Russian Federation, judges of the peace, judges of district courts (including chief judges and deputy chief judges of district courts), and in the cases provided for under statutory acts of the subjects of the Russian Federation – also regarding judges of constitutional (statutory) courts of the subjects of the Russian Federation.
2. The judicial qualification assemblies of the subjects of the Russian Federation shall:
1) consider the applications of persons applying for the position of judge and with due regard for the results of a qualification exam make conclusions either recommending those persons for position of judge or withholding such recommendation;
1.1) consider proposals of the chairman of supreme courts of republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous areas on approving judges of these courts by members of the presidiums of the said courts and shall present their opinions to the Chairman of the Supreme Court of the Russian Federation;
1.2) consider proposals of chairmen of supreme courts of republics, territory and regional courts, city courts of federal significance, the court of an autonomous region and courts of autonomous areas on approving the chairmen of civil court chambers, criminal court chambers, other court chambers and shall present their opinions to the Chairman of the Supreme Court of the Russian Federation who shall approve the chairmen of the said chambers;
1.3) check without fail data published in mass media on the conduct of a judge that does not satisfy the requirements of the judicial ethics code and undermines the authority of judicial power, if an opinion to recommend him/her for the post of judge has been given by this assembly;
2) approve a composition of examining boards to give a qualification exam to applicants for position of a judge of a respective court;
3) announce in mass media outlets the opening of vacancies of chief judges, deputy chief judges of district courts and also judges of respective federal courts indicating the time and place of acceptance and review of documents;
4) organize the verification of accuracy of biographical and other data submitted by applicants for vacancies and where necessary request for the reasons and in the procedure which are provided for by the legislation of the Russian Federation on operative search activity of the Russian Federation the bodies engaged in operative search activities and other state bodies the data required for adoption of a decision in respect of an application for being recommended for a vacant post of judge;
5) suspend, resume or terminate the powers (with the exception of the termination of the authority of judges having attained the maximum age for service as a judge) and also terminate the resignation of judges of respective federal courts (except for the persons specified in Subitem 4 of Item 2 of Article 17 of this Federal law) chief judges and deputy chief judges of district courts, members of respective judicial Councils and judicial qualification assemblies of the subjects of the Russian Federation;
6) conduct qualification assessment of judges of respective courts and also judges of the peace, chief judges and deputy chief judges of district courts; promote judges of respective courts and also judges of the peace, chief judges and deputy chief judges of district courts to qualification grades (except for the first and higher grades);
7) offer conclusions as to the possibility of using judges in resignation to perform the duties of the judges of respective federal courts and also chief judges and deputy chief judges of district courts;
8) impose disciplinary penalties on judges of respective courts (including chief judges and deputy chief judges of district courts) for disciplinary misconduct committed by them;
9) exercise other powers in compliance with the federal constitutional laws and federal laws.
3. The judicial qualification assemblies of the subjects of the Russian Federation shall have the right to exercise their powers provided they are constituted by not less than two thirds.
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[[22]]22. Federal Constitutional Law of the Russian Federation About Disciplinary Judicial Presence, [expand title=”Article 1.”]
Disciplinary judicial presence is the judicial authority considering cases on claims to decisions of the Highest qualifying board of judges of the Russian Federation and qualifying boards of judges of subjects of the Russian Federation about early termination of powers of judges for making by them of minor offenses (further – the claim) and to the addresses on decisions of the Highest qualifying board of judges of the Russian Federation and qualifying boards of judges of subjects of the Russian Federation on refusal in early termination of powers of judges for making of minor offenses by them (further – the address).
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[[23]]23. Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 17.”]
1. The Higher Qualification Judicial Assembly of the Russian Federation shall consider issues assigned to its competence under the federal constitutional laws, federal laws and shall take the relevant motivated decisions.
2. The Higher Qualification Judicial Assembly of the Russian Federation shall:
1) consider applications of candidates to the posts of the Chief Judge of the Supreme Court of the Russian Federation, Chief Judge of the Higher Arbitration court of the Russian Federation, their deputies and submit to the President of the Russian Federation its conclusions;
2) consider applications of candidates to the posts of chief judges, deputy chief judges of other federal courts (except for district courts) and also judges of the Supreme Court of the Russian Federation, the Higher Arbitration court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts, military courts and submit its respective conclusions to the Chief Judge of the Supreme Court of the Russian Federation and the Chief Judge of the Higher Arbitration court of the Russian Federation;
2.1) consider proposals of the Chairman of the Supreme Court of the Russian Federation on approving judges of the Supreme Court of the Russian Federation by members of the Presidium of the Supreme Court of the Russian Federation, members of the Cassation Chamber of the Supreme Court of the Russian Federation, as well as on approving the Chairman of the Cassation Chamber of the Supreme Court of the Russian Federation, Chairmen of the Civil Court Chamber, Criminal Court Chamber, Military Court Chamber, of other chambers and deputies thereof and shall present their opinions to the Chairman of the Supreme Court of the Russian Federation;
2.2) check without fail data published in mass media on the conduct of a judge that does not satisfy the requirements of the judicial ethics code and undermines the authority of judicial power, if an opinion to recommend him/her for the post of judge has been given by this assembly;
3) announce in mass media outlets the opening of vacancies of chief judges, deputy chief judges of federal courts (except for district courts) and also judges of the Supreme Court of the Russian Federation, the Higher Arbitration court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts, military courts indicating the time and place of acceptance and review of documents;
4) suspend, resume or terminate the powers (with the exception of the termination of the authority of judges having attained the maximum age for service as a judge) and also terminate the resignation of chief judges, deputy chief judges of federal courts (except for district courts), judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts, military courts, members of the judicial Council of the Russian Federation and the Higher judicial qualification assembly of the Russian Federation, chief judges of judicial Councils and judicial qualification assemblies of the subjects of the Russian Federation;
5) conduct qualification assessments of chief judges, deputy chief judges of federal courts (except for the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation and district courts) and also judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts and military courts;
6) offer its conclusion as to the possibility of using judges in resignation to perform the duties of judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts and military courts;
7) promote judges to the first and higher qualification grades;
8) impose disciplinary penalties on chief judges, deputy chief judges of federal courts (except for district courts) and also judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of circuits, appellate arbitration courts and military courts, members of the Judicial Council of the Russian Federation and the Higher Judicial Qualification Assembly of the Russian Federation, chairmen and deputy chairmen of the judicial councils and judicial qualification assemblies of the subjects of the Russian Federation in cases of disciplinary misconduct committed by them;
9) approve regulations on the procedure of work of judicial qualification assemblies;
10) review issues assigned to the competence of judicial qualification assemblies of the subjects of the Russian Federation, if those assemblies find it impossible to solve them;
10.1) consider complaints against decisions of qualification judicial assemblies of constituent entities of the Russian Federation;
11) familiarize itself with the work of judicial qualification assemblies of the subjects of the Russian Federation, hear reports of their chief judges on the work accomplished and provide recommendations aimed at improving the activity of the said assemblies; investigate and summarize the practice of work of judicial qualification assemblies, organize the training of members of those assemblies;
12) take decisions to recommend judges for state awards of the Russian Federation and to award them with honorary titles of the Russian Federation;
13) exercise other powers provided under the federal constitutional laws and federal laws.
3. The Higher judicial qualification assembly of the Russian Federation may exercise its powers provided it is constituted by not less than two thirds.
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[[24]]24. Moscow Helsinki Group (ed. Nina Takankina), The Role of the Representatives of the Republic in Increasing Independence and Effectiveness of Justice in the Russian Federation (2011), cited at: International Commission of Jurists, Securing Justice: The disciplinary system for judges in the Russian Federation (December 2012), p. 18.[[24]]
[[25]]25. International Commission of Jurists, Securing Justice: The disciplinary system for judges in the Russian Federation (December 2012), p. 18.[[25]]
